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Hoxton

Parcel2go / Hermes lost parcel. Small claims procedure

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Hello,

 

I have recently been unfortunate enough to experience the bad end of when Hermes loses a parcel. A quick summary:

 

I was returning a phone which was faulty back to Amazon DE for a refund.

I had to pay return postage.

Amazon said they will refund me up to around EUR 8 for postage.

 

I then got a quote from P2G and the only service which would allow me to not be out of pocket was Hermes International.

I put in the parcel details and the value.

I did not choose to pay for their additional insurance as it was £30, in fact if I could go back in time I still wouldn't pay extra for their insurance.

 

Some time went by and I still hadn’t received a refund from Amazon so I checked the tracking.

 

It was as follows:

 

16/01/2019,20:17 Entered the Hermes network

16/01/2019 10:29 Dropped off at the ParcelShop

15/01/2019 18:04 Order placed

 

Nothing after that.

 

I then contacted Hermes who referred me to P2G.

After chatting they opened an investigation as the parcel should’ve arrived no later than 24/01/19.

I waited about 2 weeks and chased them for an update.

Of course the parcel was not found.

 

The next step is for me to submit a claim and supporting documents.

They will however only offer me £20 as I didn’t take out the extra insurance.

I will not accept that as I will need to recover the full amount of the phone.

 

What is the best course of action for this?

Do I need to go through their claim process (even though I know the resolution is not satisfactory) or can I just proceed with a letter of action?

 

I have an idea of the small claims process but any links regarding a letter of action and what needs to be included etc. would be very helpful.

 

Any general advice would also be great.

 

Thanks.

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You absolutely won't need to go through their claim process but you will need to send a letter of claim – as you seem to realise.

 

I think it would be reasonable to send them an initial letter. How long do they want to go through their ordinary claim process?

 

You haven't told us the value of the phone

 

Incidentally, I hope you realise that your claim will be against Parcel2Go


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The value of the phone is £585. This was entered when I made the order as well as the contents of the package. I have all the required documentation to verify the value.

 

The email from P2G says the following:

 

Regarding compensation

 

Our records show that you only took out protection on your parcel for part of the full value. That means that in the event that your claim is successful, you’ll get compensated for only the amount you were covered for.

 

What happens next?

 

To help us progress your claim as quickly as possible, you’ll need to upload supporting documents.

 

View your case to submit the required information.

 

Deadline to submit documents: 14/03/2019

 

I'd rather not go through their process only for them to tell me that they're willing to offer me £20.

 

So, letter of claim with 14 day deadline?

 

BankFodder said:

 

Incidentally, I hope you realise that your claim will be against Parcel2Go

 

Yeah I understand that.

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Yes, in that case - LBA


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Hi,

 

A Quick update.

 

I sent my LBA on 18/03/19.

I then had a response to my letter via email on 20/03/19.

The email simply stated that as I did not opt to buy the extra cover to protect against damage or loss;

P2G would only be willing to reimburse me the £25 standard cover and cost of postage (referencing their T&C's).

 

They also stated this was their final communication on the matter.

They have re-opened my claim and invited me to provide documentation to evidence the value of my parcel.

This is pointless as they will only refund £25 + postage.

 

Next steps..

 

I have already registered on the Money Claim site and have my claim ready to go.

 

Some questions:

 

1. Do I need to respond to their email and reject their offer?

2. Do I still wait until the 14 days are up before issuing the claim or do can I do this now?

 

Any advice will be appreciated.

 

 

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Claim submitted today. I will await their response.

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Good luck Hoxton, I have an outstanding MCOL with them, currently waiting on mediation.  

 

From what i’ve read on this site, and another, you shouldn’t be required or expected to pay any extra for Hermes to abide by their statutory duty to perform the service you paid for.  I believe (and i’m sure someone with better knowledge will confirm), their T&C’s which attempt to limit their liability would be classed as unfair.  Might be worth looking into that a bit further.  

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Thanks.

 

My claim was considered served last week so just waiting for their response.

Hoping for a favourable outcome at the end which, by the looks of it, may be a while.

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Just a small update regarding my claim. Any advice, or comments, are of course appreciated.

 

I have a hearing date scheduled for the end of this month (hearing fee has been paid).

I received an offer from P2G which was simply the default insurance amount, the original postage cost and court fees.

 

the exact same offer they made before proceeding with the claim months ago

- Only difference is they have included my claim fees.

 

I will be rejecting their offer and informing them of this.

 

Is there anything else I should mention or should I just be blunt about it?

 

I've got my court date and fully intend to see it out until then so unless an offer is made which satisfies the original amount + fees then I won't settle before.

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or simply ignore them and proceed.??


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I received a witness statement today from P2G. They are using their T&C's to avoid any liability.

 

There was one point which I wasn’t quite sure about. It states:

 

'The claimant's attention is drawn to rule 24.5(1) and if they wish to rely on written evidence, it must file the written evidence at court and serve copies on the Defendant at least 7 days before the summary judgement hearing'

 

Do I need to present them with any documents? I haven't written a witness statement as I didn’t think it was appropriate. My understanding is that I defend my case in person at the hearing. I just need to know if I need to prepare anything now and send it over?

 

Any advice is appreciated.

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you must do your own witness statement yes

std court procedure.

 

which you must serve as they have before the deadline.

 

might be best to scan theirs up 

inc exhibits 

to ONE multipage PDF.

read upload


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Uh oh, not sure what to do here now.

My hearing is due at the end of this month.

I didn't think a witness statement was mandatory and didn't think it applied in this case.

 

Looking at the court papers it says:

 

'Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 28th August 2019'

 

I only received their latest defence and witness statement today, way past the August deadline.

Am I thinking of the term witness too literally here?

I have no witnesses.

It is solely me involved with the claim.

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YOU are the witness as you stated in your N180 -  1 wit you.

 

and read the rest of the N157 too!

 

 

 


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Have you applied for summary judgment against the defendant ?

 

"The claimant's attention is drawn to rule 24.5(1) and if they wish to rely on written evidence, it must file the written evidence at court and serve copies on the Defendant at least 7 days before the summary judgement hearing' "

 

Andy


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I'm not sure what that is so I guess I haven't? All I've done is pay the hearing fee and been given a date for the hearing.

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So which court paper does the above come from ...form number ?


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2 minutes ago, Andyorch said:

So which court paper does the above come from ...form number ?

 

Do you mean the bit about the summary judgement? If so, it was on the defendants witness statement.

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Ah okay...so they haven't got a clue what they are talking about.I thought you had got it from a court direction.

 

If you look closely again at your Notice of Allocation it directs you to :-

 

Pay the hearing fee by date

States the actual hearing date.

Directs both you and the defendant to file and serve evidence (documents) by date (normally 14 days pre hearing)

Directs both of you to file and serve statements by date ...same as above 14 days.


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Yeah I have re-read it now.

At the time I didn’t think it was necessary as I am not actually relying on any particular documents.

Anything that is relevant has been included in the defence of P2G.

I will be challenging their T&C's and breach of contract as they failed to deliver my parcel.

 

As such I wasn't sure what documents I would need to send and thought I just explain my view during the hearing.

Same thing for the witness statement,

what exactly is this meant to detail?

 

Finally as mentioned above the deadline to serve documents was at the end of August.

I only received P2G's latest defence and witness statement today.

 

What can I do now to rectify the situation?

I have been reading that a witness statement is not necessarily required?

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Well if you are challenging their T&Cs and breach of contract then you will have to refer to this in your statement and exhibit copies of both on which you rely.....

 

The judicial system of England & Wales requires all claims to follow this process...you cant just give oral evidence...otherwise it can be treated as hearsay and something you cant prove without documentation.

 

With regards to the delay well the defendants are 7 weeks late themselves so they would be foolish to try and request the court impose sanctions for you not complying....but both of you are walking a fine a line and Im amazed the court has not already struck out your claim...get your statement together pronto with exhibits and get it filed tomorrow and served.

I would also consider adding a cover letter to the court explaining why its late and that you failed to understand the process as a litigant.

 

Andy


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Cheers for that Andy, I'll get on it.

I will send copies via email tonight to save time to both the court and P2G.

 

In terms of the evidence, can I use P2G's defence as a document?

They have kindly provided a lot of the documentation I require such as the chat transcripts, emails and the fact I had declared the correct value and contents of the parcel.

 

Thanks.

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You can use and refer to their defence and witness statement and disclosures...but if you do you normally finish the paragraph with ( see exhibit 1a/b/c/ etc) which you then attach to your statement as your disclosures (evidence)


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All done. Witness statement and evidence now sent to the court (with explanation) and to the defendant. Just got to wait now I guess.

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